Legal Question in Real Estate Law in India

Issues

Many issues have been made. one the issues relates 2 the payment of lesser fee by the plaintiff, O7R11.the evidence is complete & the suit is listed 4 final argument. Is it advisable 4 the defendant 2 request the court 2 first decide this matter before other issues r argumented.


Asked on 9/21/08, 11:09 am

4 Answers from Attorneys
muhamed mustaque mk associates

Re: Issues

no ,you cannot request for decision on certain issues after trial, ofcourse you can always raise preliminary issues such as realting to jurisdiction or limitation or even dificit CF which do not require any enquiry on facts at the earleist opportunity.

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Answered on 9/21/08, 1:53 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Issues

No. The court is not likely to split the arguments issue-wise and hear the case partly particularly after the entire evidence has been led. For such a request, one should pray for a "preliminary issue" to be decided at the time of framing of issues and before leading evidence. this is a late stage now for such a request.

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Answered on 9/21/08, 7:46 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Issues

One can make any prayer according to law, including to decide Order 7 Rule 11 issue.

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Answered on 9/22/08, 2:19 am
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Issues

yes.

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Answered on 9/23/08, 6:41 am


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